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Motorcycle helmet laws are in place to help keep riders in Beckley, WV safe. Failing to obey these rules can result in more than just a fine; it could cause serious injuries and impact your right to recover fair compensation. Understanding the implications of these laws on your injury case is crucial to your recovery.
Dedicated motorcycle accident lawyers from our law firm can help with this process and explain the implications of helmet use on your claim. If you have questions, contact us now for answers.
West Virginia has what is known as a “universal” motorcycle helmet law. This means all riders must wear a helmet regardless of age, including the driver and passengers. These helmets must also meet United States Department of Transportation (DOT) safety standards and have a chin or neck strap securing the helmet. Additionally, riders must either have a windscreen on the helmet or wear eye protection.
Riders who fail to wear helmets may face fines up to $500, misdemeanor charges, and suspension or revocation of their motorcycle license. Repeated offenses will result in the more serious of these consequences.
Failing to wear a helmet while riding can result in more than just a traffic citation. When worn correctly, helmets can significantly reduce the risk of serious head injuries. While they cannot completely prevent things like skull fractures and traumatic brain injuries, a safety-certified helmet can absorb the impact of a crash, minimizing the severity of any trauma.
When selecting a helmet, Beckley motorcyclists will want to purchase a DOT-compliant helmet. A certified helmet will have a sticker on the back noting that it is DOT-approved. Riders should look at the quality of the helmet, make sure it fits properly, and follow instructions on how to wear the helmet.
Unfortunately, there are counterfeit helmets. To identify a counterfeit, riders should inspect the sticker, inner lining, chin strap, and helmet weight. A flimsy, thin, or poorly made helmet likely indicates a counterfeit.
Following motorcycle helmet laws can also be crucial to an injury claim. West Virginia follows a modified comparative negligence rule for Personal Injury claims. This means that a person’s fault for his or her own injuries will be taken into account when filing a claim.
A person may only recover compensation if they are 50% or less to blame for their injuries, and the compensation will be reduced by the assigned fault. For example, if a person has a $100,000 claim but they are found to be 25% at fault, he or she would only be able to receive $75,000 in damages.
Under this rule, the compensation for a motorcycle crash claim could be reduced if the Beckley rider was not wearing a helmet, and this attributed to their injuries. If the rider is found to be more than 51% at fault, they will not be able to recover compensation.
If a person has failed to comply with helmet laws, it is important for him or her to take immediate action to secure their right to compensation. Contacting a motorcycle accident attorney could be a good first step. A lawyer can immediately take over the claim process, gathering information and advocating for a fair settlement.
Following motorcycle helmet laws is essential for all riders in Beckley. This is not only about avoiding a traffic citation but also about reducing the severity of injuries and securing your right to compensation.
Slip-ups happen, and if you were involved in a crash, you still deserve compensation. At Jan Dils Attorneys at Law, our experienced injury attorneys can help with your claim and fight for your right to fair compensation. Contact us now to get started with the largest female-founded law firm in the country.
To Schedule an Appointment, Call Us Toll Free at 1.877.873.8208 or Email Us for a Prompt Response.
Jan Dils, Attorneys at Law
